Chapter 03. Bulk Carriers of Flammable or Combustible Liquids

“Carrier” means the holder of a permit.

“Carriers of flammables” means any motor vehicle:

“Commission” means the Public Service Commission of Maryland.

“Contract carriers of flammables” means and includes any person which, under individual written contracts or agreements of a term or duration of not less than 90 days, within a limited number of persons, engages in the transportation, as a carrier of flammables, in bulk, for compensation within the State.

“Operator” means a person engaged in driving a tank vehicle for which a permit has been issued.

“Owner” means the individual, partnership, or company to whom a permit has been issued.

“Permit” means a permit issued by the Public Service Commission.

“Roads” means public streets or highways within the State.

“State” means the State of Maryland.

“Tank vehicles” includes all vehicles used in the transportation of inflammable or combustible liquids, in bulk, for compensation, upon the public streets or highways within the State.

Common carrier certificate (permits); and

Contract carrier certificates (permits).

The violation of any of these regulations shall be sufficient cause for the revocation or suspension of a permit.

If the grantee or grantees of a permit fail to keep the required insurance or bond in force, the Commission will summarily revoke the permits.

The Commission may, in its discretion, suspend for a period not to exceed 6 months the permit of any carrier who is convicted of two or more violations of the conditions of the permit within a period of 1 year. Upon any conviction of three or more violations within a period of 1 year, the Commission may revoke the permit of the carrier and may not issue or reissue a permit to the carrier before the expiration of 1 year from the date of the revocation.

Except as otherwise stated in these regulations, a permit may not be revoked or suspended until after an investigation and hearing held upon not less than 5 days' notice to the grantee or grantees of the permit. Notice of the hearing shall be in writing and shall be served upon the grantee, or upon one of the grantees if there is more than one, or upon the proper agent for service if the grantee is a corporation. The notice may be sent by mail to the address given in the application for permit, or to the changed address subsequently filed with the Commission. This mailing shall be as effective and binding as personal service. Whenever notice is given by mail, as provided in these regulations, the date of mailing shall be considered as the time when notice is served.

All tank vehicles operating under the Commission's permit shall at all times be kept in proper physical and mechanical condition to render safe, adequate, and convenient service. Failure to keep a tank vehicle in proper condition shall be sufficient ground for the revocation or suspension of the permit.

The regulations of the Interstate Commerce Commission, insofar as they relate to tank vehicles transporting flammable commodities as described in the Public Utilities Article, Annotated Code of Maryland, and to the extent that they are not contrary to or inconsistent with these regulations, shall apply to all carriers receiving permits from the Commission.

Is addicted to the use of narcotics or intoxicating liquor;

Is not of good moral character;

Is mentally deficient or physically defective to such an extent as to impair his ability to properly, conveniently, and efficiently operate the vehicle;

Is not experienced in operating motor vehicles and fully competent to operate a tank vehicle; or

Has not obtained an operator's or chauffeur's license, or both, as required by Maryland Law for drivers of motor vehicles.

If a carrier elects liability insurance coverage, the minimum insurance required for each tank vehicle is $1,000,000 combined single limit for each accident.

The minimum cargo liability insurance required for freight transported is:

If a carrier elects a bond instead of insurance, the amount of the bond is:

The bonding company shall guarantee the prompt payment by the carrier of indemnities for personal injuries or for property damage resulting from an accident due to the negligence of the carrier, to the extent of the damages sustained, but not less than $1,000,000 combined single limit for each accident.

The penalty of the bond may not be exhausted by successive recoveries but shall remain unimpaired until the bond is cancelled.

If the bond is cancelled or if the carrier's operation is terminated or interrupted at any time, the bonding company shall proceed to settle all then outstanding indemnity claims, as required under §C(2) of this regulation, except that the aggregate amount of the settlements may not exceed the penal sum of the bond.

A carrier shall file with the Commission:

The insurance company and the insurance broker shall be licensed to do business in Maryland as required by Insurance Article, Annotated Code of Maryland.

The Public Service Commission is to be shown as a certificate holder on the liability insurance policy.

The certificate of insurance shall list (either typed on the face of the certificate or on the insurance company letterhead attached to the certificate) the year, make, and serial number of each motor vehicle that is covered by the insurance policy.

A liability insurance policy or bond instead of insurance under this regulation shall contain a clause requiring at least 10 days notice to the Commission and the insured before a policy or bond may be cancelled.

The holder of a permit shall give the Commission at least 10 days written notice of any proposed change affecting the liability insurance policy or bond instead of insurance required by this regulation.

An owner of a motor vehicle who neglectfully and with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.

In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be determined to be individually guilty of a violation.

Operating a motor vehicle after a permit is suspended or revoked;

Failure to present a motor vehicle for inspection or file with the Commission an inspection certificate from an authorized inspection station;

Failure to carry appropriate insurance under Regulation .11 of this chapter;

Operating a motor vehicle which has been placed out of service;

Operating a motor vehicle without a valid state driver's license;

Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;

Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;

Reckless driving while operating a motor vehicle, as defined under State or local law;

Leaving the scene of a motor vehicle accident while operating a motor vehicle;

Operating a motor vehicle which has had recurring violations of the equipment and safety standards under Transportation Article, Title 22, Annotated Code of Maryland, and COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;

Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Commission;

Falsification of a certification statement that a defect in a motor vehicle has been repaired;

Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less; or

Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit.

Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner or, in the case of a corporation, the authorized representative.

The notice given under §C(1) of this regulation shall:

The mailing by first class mail of a notice is considered to be effective and binding as an actual notice.